§ 1 General Provisions
a) Scope
These Terms and Conditions apply to all business relationships between medizin-in-europa.de Studienplatzvermittlung GmbH, Flemmingstraße 2g, 09116 Chemnitz, represented by its managing director: Dr. med. Nils Bergner (hereinafter referred to as "medizin-in-europa.de Studienplatzvermittlung GmbH"), and its customers, in the version valid at the time of contract conclusion. Any opposing terms and conditions of the customer are hereby expressly rejected.
b) Contract Agreement
The contract language is German. Any versions of these terms and conditions in other languages are for informational purposes only and are not legally binding. In case of any discrepancies or doubts, the German version shall prevail.
c) Standard Contract Conclusion for Study Placement and Courses
To conclude a contract with medizin-in-europa.de Studienplatzvermittlung GmbH for study placement or courses, the customer must submit the required data online to medizin-in-europa.de Studienplatzvermittlung GmbH. After receiving the data, medizin-in-europa.de Studienplatzvermittlung GmbH will send a corresponding contract to the customer, which constitutes an offer for contract conclusion. The customer then has the option to sign the contract and send it back to medizin-in-europa.de Studienplatzvermittlung GmbH, which constitutes acceptance of the offer. The acceptance becomes effective upon receipt of the signed contract by medizin-in-europa.de Studienplatzvermittlung GmbH.
d) Special Contract Conclusion for Study Placement and Courses
Additionally, customers have the option to send a simple application in text form (e.g., by email, post, or fax) to medizin-in-europa.de Studienplatzvermittlung GmbH. To do this, customers print out the application form available on the website of medizin-in-europa.de Studienplatzvermittlung GmbH and fill it out. Sending the application constitutes a binding offer for contract conclusion. Upon receipt of the application, medizin-in-europa.de Studienplatzvermittlung GmbH is entitled to accept the contract offer within one week. Acceptance creates a binding contract.
e) Contract Conclusion for Additional Services
Customers can also conclude contracts with medizin-in-europa.de Studienplatzvermittlung GmbH for additional services. In this case, the contract is concluded through an individual offer and the related acceptance.
f) Scholarships
Customers can also apply for special scholarships. To do this, the customer must fill out a questionnaire in advance, based on which medizin-in-europa.de Studienplatzvermittlung GmbH will then seek suitable scholarship providers and submit the application. The respective scholarship provider may then contact the customer and conclude a contract regarding the scholarship. In this case, medizin-in-europa.de Studienplatzvermittlung GmbH acts only as an intermediary and is not a contractual partner concerning the mediated scholarship.
§ 2 Service
a) Service Description
medizin-in-europa.de Studienplatzvermittlung GmbH offers placement services for study programs at universities in European countries. Specifically, medizin-in-europa.de Studienplatzvermittlung GmbH assists with the administration, optimization, and forwarding of the necessary documents for study placement. Additionally, medizin-in-europa.de Studienplatzvermittlung GmbH offers on-site courses, prepares customers for the entrance examination at the university, and manages the deadlines to be met. However, medizin-in-europa.de Studienplatzvermittlung GmbH does not guarantee that the customer will receive a study place. Furthermore, medizin-in-europa.de Studienplatzvermittlung GmbH can also assist in the mediation of scholarships.
b) Service Start Date
The start date of the service results from the individual contractual agreement between the customer and medizin-in-europa.de Studienplatzvermittlung GmbH. medizin-in-europa.de Studienplatzvermittlung GmbH begins with the first execution of the service (usually sending the registration form for the desired university) no later than 5 working days after the payment order for the first installment is issued to the transferring bank.
§ 3 Payment
a) General
All prices include VAT. The prices are to be paid in advance by bank transfer.
b) Fees for Study Placement
The customer must pay a fee for the mediation. The payment process is divided into two steps. When concluding the contract for study placement, the customer must pay an application fee to medizin-in-europa.de Studienplatzvermittlung GmbH. An admission fee is payable if the customer is accepted to study at the university after passing any entrance examination. An acceptance in the sense of these terms and conditions is present when the customer receives a notification to this effect in text form (e.g., by email) from the respective university and/or the acceptance is announced on the online portal of the respective university.
Customers can consciously opt for a higher admission fee at the time of contract conclusion. Choosing this higher admission fee has the advantage that it will be completely waived if the customer receives and accepts a study place at a German or Austrian public university. In such a case, only the application fee is payable. If the customer, with the help of medizin-in-europa.de Studienplatzvermittlung GmbH, receives a study place outside Germany or Austria, the higher admission fee must be paid.
c) Application Fee
Unless otherwise agreed, the one-time application fee charged as part of the contract conclusion is non-refundable. medizin-in-europa.de Studienplatzvermittlung GmbH particularly points out that it has no influence on the customer's passing of the Abitur (high school diploma) and therefore cannot be obliged to refund the application fee in the event of failure.
d) Prices for Courses
The courses must be paid for in full in advance. 50% of the total amount is due at the time of contract conclusion. The remaining 50% of the total amount is due 4 weeks before the start of the booked course. Only then is the customer entitled to participate in the courses.
e) Cancellation Fees for Courses
If the withdrawal period specified in § 6 of these terms and conditions has expired, the following rules apply. A cancellation of the services booked by the customer is possible in text form (e.g., by email, fax, or postal mail) after the expiration of the withdrawal periods mentioned in § 6 of these terms and conditions.
The cancellation fees are determined according to the following provisions. In case of a cancellation up to 4 weeks before the start of the booked course, the already paid deposit of 50% will be retained. In the event of a later cancellation, the cancellation fees are determined according to the following staggered flat rates:
− 60% of the agreed invoice amount from the 27th to the 20th day before the course starts
− 70% of the agreed invoice amount from the 19th to the 12th day before the course starts
− 80% of the agreed invoice amount from the 11th to the 3rd day before the course starts
− 100% of the agreed invoice amount for a cancellation less than 3 days before the course starts
The timeliness of the cancellation is determined by the receipt at medizin-in-europa.de Studienplatzvermittlung GmbH. The customer retains the right to prove that medizin-in-europa.de Studienplatzvermittlung GmbH incurred no or lower costs.
f) Payment Default
The customer is in default of payment if the payment is not received by medizin-in-europa.de Studienplatzvermittlung GmbH within two weeks of receipt of the invoice. In the event of default, interest is charged at a rate of 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank for transactions in which a consumer is not involved. Should the customer fall into arrears with his payments, medizin-in-europa.de Studienplatzvermittlung GmbH reserves the right to charge reminder fees of 2.50 euros. The assertion of further damages remains unaffected. The customer retains the possibility to prove that medizin-in-europa.de Studienplatzvermittlung GmbH has incurred no or a lower damage.
g) Right of Retention
The customer's right of retention may only be asserted for counterclaims that are due and based on the same legal relationship as the customer's obligation.
§ 4 Refund Provisions
a) Course Cancellation
In the event of a course cancellation, medizin-in-europa.de Studienplatzvermittlung GmbH will refund the corresponding part of the fee.
b) Course Rescheduling
A (partial) refund is also made if the customer can no longer attend due to a necessary rescheduling of a course or if the new course date is scheduled after the date set for their university examination.
c) Minimum Number of Participants
If a minimum number of participants is required for certain courses and this number is not reached, medizin-in-europa.de Studienplatzvermittlung GmbH will inform the customer immediately and refund the already paid course fee.
d) Exclusion of Refunds
medizin-in-europa.de Studienplatzvermittlung GmbH is not liable for rescheduling or cancellation of university test dates as it has no influence over these matters. Therefore, no fees can be refunded in such cases.
§ 5 Warranty for Services
Statutory warranty rights apply.
§ 6 Withdrawal Instructions for Consumers in Distance Contracts (Services)
Withdrawal Instructions
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the contract conclusion.
To exercise your right of withdrawal, you must inform us (medizin-in-europa.de Studienplatzvermittlung GmbH, Flemmingstraße 2g, 09116 Chemnitz, Phone: +49 (0) 371 33 78 98 41, Fax: +49 (0) 371 33 78 98 42, Email: widerruf@medizin-in-europa.de) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached withdrawal form, but it is not obligatory
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, compared to the full coverage of the contract.
- End of the withdrawal instructions -
Special Instructions Regarding the Premature Expiration of the Right of Withdrawal
Your right of withdrawal expires prematurely if the service has been completely performed and the performance began with your express consent and your acknowledgment that you will lose your right of withdrawal once the contract has been fully performed by the entrepreneur.
§ 7 Customer Responsibility
a) Submitted Data
The customer is solely responsible for the content and accuracy of the data submitted to medizin-in-europa.de Studienplatzvermittlung GmbH.
b) Entry and Visa Requirements
The customer is also responsible for complying with the applicable entry and visa requirements and for timely filing the necessary applications.
c) Deadlines
The customer must send the documents requested by medizin-in-europa.de Studienplatzvermittlung GmbH for registration at the desired university no later than 7 days before the university's deadline, whereby the date of receipt by post is decisive. The customer can find the university's deadline for entrance exams on the website of medizin-in-europa.de Studienplatzvermittlung GmbH.
d) Admission to Study
The customer is obliged to inform medizin-in-europa.de Studienplatzvermittlung GmbH unprompted about the receipt of study admission.
§ 8 Availability of Data Servers
medizin-in-europa.de Studienplatzvermittlung GmbH relies on data servers. medizin-in-europa.de Studienplatzvermittlung GmbH is dependent on the servers provided by the provider. medizin-in-europa.de Studienplatzvermittlung GmbH does not guarantee the constant availability of the server.
§ 9 Termination
a) Use of the Website
If the customer intentionally exploits the structure of the website or the susceptibility of the system to errors in order to misuse these errors for their own purposes, medizin-in-europa.de Studienplatzvermittlung GmbH is entitled to terminate the contractual relationship without notice. This right is also available to medizin-in-europa.de Studienplatzvermittlung GmbH without prior warning for a single violation. However, it is at the discretion of medizin-in-europa.de Studienplatzvermittlung GmbH to exercise this right.
b) Participation in Courses
medizin-in-europa.de Studienplatzvermittlung GmbH is entitled to terminate the contract for courses without notice if the customer repeatedly disrupts the course even after prior warning.
§ 10 Licenses
a) Copyright
The content and structure of the courses organized by medizin-in-europa.de Studienplatzvermittlung GmbH and the related documents, including all authorized copies, are the intellectual property of medizin-in-europa.de Studienplatzvermittlung GmbH.
b) Granting of License
medizin-in-europa.de Studienplatzvermittlung GmbH grants the customer all necessary usage rights to course materials upon payment of the participation fee, as agreed in the contract and required for the respective courses. In case of doubt, medizin-in-europa.de Studienplatzvermittlung GmbH fulfills this obligation by granting non-exclusive usage rights for the duration of the course. The license generally expires with the end of the contract. However, the right to use the copies provided to the customer for their own needs continues beyond the end of the contract.
c) License Conditions
Any further use requires the consent of medizin-in-europa.de Studienplatzvermittlung GmbH. In particular, the contents of the seminars may not be passed on to third parties (sub-licensing or distribution), nor may they be copied, reproduced, or stored on data carriers or other media. Likewise, it is prohibited to use the contents, texts, and exercises for one's own purposes in seminars, courses, or otherwise towards third parties without express written permission.
d) Right to Refer
medizin-in-europa.de Studienplatzvermittlung GmbH reserves the right to refer to itself during the services it offers. Unless otherwise agreed, medizin-in-europa.de Studienplatzvermittlung GmbH reserves the right, for example, to make image recordings during courses and/or entrance tests and to use these as references in brochures, prospectuses, and on the website. The customer has the right to object to this.
e) Damages
medizin-in-europa.de Studienplatzvermittlung GmbH reserves the right to claim damages for any violation of the contractual license conditions, especially in the case of copyright infringement.
§ 11 Liability
a) Exclusion of Liability
medizin-in-europa.de Studienplatzvermittlung GmbH and its legal representatives and agents are liable only for intent or gross negligence. In cases of slight negligence, liability is limited to the violation of essential contractual obligations, i.e., obligations whose fulfillment is necessary for achieving the purpose of the contract. In this case, liability is limited to the foreseeable, contract-typical damage. For customers who are not consumers, medizin-in-europa.de Studienplatzvermittlung GmbH is liable for grossly negligent breaches of non-essential contractual obligations only to the extent of the foreseeable, contract-typical damage.
b) Liability Reservation
The above exclusion of liability does not apply to liability for damages arising from injury to life, body, or health. The provisions of the Product Liability Act also remain unaffected by the exclusion of liability.
§ 12 Final Provisions
a) Jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is the business seat of medizin-in-europa.de Studienplatzvermittlung GmbH in Chemnitz, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.
b) Choice of Law
Unless mandatory statutory provisions under the customer's home law conflict, German law applies, excluding the UN Sales Convention.
c) Consumer Dispute Resolution
The EU Commission has created an Internet platform for online dispute resolution regarding contractual obligations from online contracts (OS platform). The customer can access the OS platform via the following link: http://ec.europa.eu/consumers/odr/. medizin-in-europa.de Studienplatzvermittlung GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
d) Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining Terms and Conditions.